ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, July 11, 2013

Website for Law Professor's Book about Wrap Contracts Contains a Wrap Contract!

KimThose of you who read the previous post and clicked on the link to get a sneak peak at Nancy Kim's forthcoming book, Wrap Contracts, may have noticed the banner at the top of the screen, which reads:

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There may be some irony in this situation, or perhaps it is strategic: the website performs, and makes one of Nancy's points for her.  Wrap contracts are everywhere and have become an unavoidable fact of life for the computer literate.


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I'm in the middle of re-reading Nancy's excellent 2011 article, "Contract's Adaptation and the Online Bargain," and I have to say I'm disappointed that the link didn't offer me the choice of [AGREE][DISAGREE] to each of the terms.

OTOH, I successfully visited the site using the anonymized Tor browser that sent all their cookies to somewhere in Finland or possibly the UAE or somewhere equally unlikely. Regarding many wrap privacy invasions, the consumer really does have a strong choice not to give away their click data.

Posted by: Dan | Jul 12, 2013 1:44:36 AM

Hi Dan,
It's a great point about using Tor (or even a browser that doesn't deflect cookies but doesn't track your searches, like duckduckgo)- but it's hard to get people to use a smaller brand browser than Google or Bing. Name/brand recognition is a problem but perhaps a bigger problem is that of issue awareness - most people don't know they are being tracked so don't think to use tools to protect themselves.

Posted by: Nancy | Jul 15, 2013 11:37:13 AM

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